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EnactedCivil Liability Act 2018

OverviewTimeline65Debates12Amendments46

Proposed amendments

46 amendments across 4 provisions

Clause 1 13

Amendment #9544#9544WithdrawnAmends text
Amendment text
leave out subsection (1) and insert—
In this Part, “whiplash injury” means an injury or set of injuries resulting in soft tissue damage, usually of the neck, back or shoulder, arising out of a motor accident, which presents symptoms which may include pain and aches (including pain of the jaw, neck, back, and shooting pains in the neck, shoulder or arms), headaches, stiffness, fatigue, dizziness, swelling, bruising, tenderness or muscle spasms.”
Stage
Committee stage
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EditBillBody
Clause
1
The Earl of Kinnoull
Amendment #9576#9576Not movedAmends text
Amendment text
leave out subsections (1) and (2) and insert—
Subject to regulations made by the Lord Chancellor under subsection (2), in this Part “whiplash injury” means a soft tissue injury which—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
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Clause
1
Lord Hodgson of Astley Abbotts
Amendment #9620#9620WithdrawnAmends text
Amendment text
leave out “, back or shoulder”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Beecham
Amendment #9621#9621Not movedAmends text
Amendment text
after “specified” insert “by the Chief Medical Officer of the Department of Health and set out”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Beecham
Amendment #9627#9627Not movedAmends text
Amendment text
leave out from “injuries,” to end of line 14 and insert “that affect the vertebrae or soft tissue in the neck, back or shoulder and any consequential psychological injury.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Sharkey
Amendment #9629#9629Not movedAmends text
Amendment text
leave out subsection (5)
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Sharkey
Amendment #9675#9675WithdrawnAmends text
Amendment text
at end insert—
Regulations may be informed by a review from time to time of relevant changes in motor vehicle technology and driving techniques.”
Stage
Committee stage
Type
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Clause
1
Lord McKenzie of Luton
Amendment #9789#9789AgreedAmends text
Amendment text
leave out from “an” to end of line 7 and insert “injury of soft tissue in the neck, back or shoulder that is of a description falling within subsection (1A), but not including an injury excepted by subsection (1B).
An injury falls within this subsection if it is—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
1
Lord Keen of Elie
Amendment #9790#9790AgreedAmends text
Amendment text
leave out subsection (2)
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Keen of Elie
Amendment #9791#9791AgreedAmends text
Amendment text
leave out subsection (5)
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Keen of Elie
Amendment #9792#9792AgreedNew clause / schedule
Amendment text
Insert the following new Clause—
“Power to amend section 1

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
1
Lord Keen of Elie
Amendment #9910#9910Not movedAmends text
Amendment text
after “specified” insert “by the Chief Medical Officer of the Department of Health and set out”
Stage
Report stage
Type
EditBillBody
Clause
1
Baroness Chakrabarti
Amendment #9914#9914WithdrawnAmends text
Amendment text
leave out second “the person” and insert “that person”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Berkeley

Clause 2 27

Amendment #9577#9577Not movedAmends text
Amendment text
leave out “psychological”
Stage
Committee stage
Type
EditBillBody
Clause
2
The Earl of Kinnoull
Amendment #9578#9578Not movedAmends text
Amendment text
leave out “psychological”
Stage
Committee stage
Type
EditBillBody
Clause
2
The Earl of Kinnoull
Amendment #9580#9580Not movedAmends text
Amendment text
leave out “psychological”
Stage
Committee stage
Type
EditBillBody
Clause
2
The Earl of Kinnoull
Amendment #9581#9581Not movedAmends text
Amendment text
leave out “psychological”
Stage
Committee stage
Type
EditBillBody
Clause
2
The Earl of Kinnoull
Amendment #9582#9582Not movedAmends text
Amendment text
leave out “psychological”
Stage
Committee stage
Type
EditBillBody
Clause
2
The Earl of Kinnoull
Amendment #9623#9623Not movedAmends text
Amendment text
leave out “two years” and insert “twelve months”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Beecham
Amendment #9624#9624Not movedAmends text
Amendment text
leave out “two years” and insert “twelve months”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Beecham
Amendment #9625#9625Not movedAmends text
Amendment text
leave out sub-paragraph (ii)
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Beecham
Amendment #9631#9631WithdrawnAmends text
Amendment text
leave out from “amount” to end of line 13 on page 3 and insert “determined in accordance with the 14th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases or any subsequent revision to these guidelines.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Sharkey
Amendment #9648#9648Not movedAmends text
Amendment text
leave out from “in” to end of line 18 on page 3 and insert “the table of tariffs set out in Schedule 1.
The Lord Chancellor may by regulations made by statutory instrument amend Schedule 1.
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Sharkey
Amendment #9649#9649WithdrawnAmends text
Amendment text
leave out “specified” and insert “recommended annually by the Civil Justice Council and set out”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Beecham
Amendment #9651#9651Not movedAmends text
Amendment text
at end insert—
Before making regulations under subsection (2), the Lord Chancellor must consult the Lord Chief Justice and obtain the agreement of the Judicial College to the amount to be specified in the regulations.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Bassam of Brighton
Amendment #9678#9678Not movedAmends text
Amendment text
at end insert—
Before making regulations under this section, the Lord Chancellor must consult the judiciary and the Judicial College Guidelines.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Baroness Berridge
Amendment #9793#9793AgreedAmends text
Amendment text
after “injury” insert “or any of the whiplash injuries suffered on that occasion”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Keen of Elie
Amendment #9794#9794AgreedAmends text
Amendment text
after “injury” insert “or injuries, taken together,”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Keen of Elie
Amendment #9795#9795AgreedAmends text
Amendment text
after “injury” insert “or injuries”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Keen of Elie
Amendment #9796#9796AgreedAmends text
Amendment text
after “injury” insert “or injuries”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Keen of Elie
Amendment #9797#9797AgreedAmends text
Amendment text
after “injury” insert “or injuries”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Keen of Elie
Amendment #9820#9820Not movedAmends text
Amendment text
at end insert—
In this section “duration of the whiplash injury” means the duration of the whiplash injury which a person has suffered, or is likely to suffer, assuming they take or have taken reasonable steps to mitigate that injury.”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Sharkey
Amendment #9831#9831Not movedAmends text
Amendment text
leave out subsection (2) and insert—
The total amount of damages for pain, suffering and loss of amenity payable in respect of a whiplash injury or in respect of both a whiplash injury and one or more minor psychological injuries suffered on the same occasion as the whiplash injury (“the tariff amount” for the purposes of section 3(7)) is—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
2
Lord Sharkey
Amendment #9853#9853DisagreedRemoves provision
Amendment text
Leave out Clause 2
Stage
Report stage
Type
DeleteClauseOrSchedule
Clause
2
Lord Woolf
Amendment #9856#9856Not movedAmends text
Amendment text
at end insert—
The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Judge
Amendment #9866#9866WithdrawnAmends text
Amendment text
leave out “two years” and insert “twelve months”
Stage
Report stage
Type
EditBillBody
Clause
2
Baroness Chakrabarti
Amendment #9867#9867Not movedAmends text
Amendment text
leave out “two years” and insert “twelve months”
Stage
Report stage
Type
EditBillBody
Clause
2
Baroness Chakrabarti
Amendment #9868#9868Not movedAmends text
Amendment text
leave out sub-paragraph (ii)
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Beecham
Amendment #9911#9911Not movedAmends text
Amendment text
leave out from “amount” to end of line 13 on page 3 and insert “determined in accordance with the 14th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases or any subsequent revision to these guidelines.”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord Beecham
Amendment #9915#9915Not movedNew clause / schedule
Amendment text
Leave out Clause 2 and insert the following new Clause—
“Damages for whiplash injuries

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
2
Lord Woolf

Clause 10 5

Amendment #9927#9927WithdrawnAmends text
Amendment text
leave out lines 3 to 5
Stage
3rd reading
Type
EditBillBody
Clause
10
Lord Hope of Craighead
Amendment #9929#9929AgreedAmends text
Amendment text
leave out “3” and insert “5”
Stage
3rd reading
Type
EditBillBody
Clause
10
Lord Faulks
Amendment #9930#9930AgreedAmends text
Amendment text
leave out “3” and insert “5”
Stage
3rd reading
Type
EditBillBody
Clause
10
Lord Faulks
Amendment #9931#9931AgreedAmends text
Amendment text
leave out “three” and insert “five”
Stage
3rd reading
Type
EditBillBody
Clause
10
Lord Faulks
Amendment #9950#9950AgreedAmends text
Amendment text
leave out “3” and insert “5”
Stage
3rd reading
Type
EditBillBody
Clause
10
Lord Faulks

Clause 13 1

Amendment #9953#9953AgreedAmends text
Amendment text
leave out “This Part comes” and insert “Part 2 and this Part come”
Stage
3rd reading
Type
EditBillBody
Clause
13
Lord Sharkey